109th CONGRESS
2d Session
S. 3860
To provide emergency wildfire and agricultural disaster assistance,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 6, 2006
Mr. BURNS introduced the following bill; which was read twice and referred
to the Committee on Agriculture, Nutrition, and Forestry
A BILL
To provide emergency wildfire and agricultural disaster assistance,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Emergency Wildfire and Farm
Relief Act of 2006'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--WILDFIRE RELIEF
Sec. 101. Emergency conservation program.
Sec. 102. Environmental quality incentives program.
Sec. 103. Livestock assistance grant program.
TITLE II--AGRICULTURAL PRODUCTION LOSSES
Sec. 201. Crop disaster assistance.
Sec. 202. Livestock assistance.
Sec. 203. Sugar beet disaster assistance.
Sec. 204. Bovine tuberculosis herd indemnification.
Sec. 205. Reduction in payments.
TITLE III--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER ASSISTANCE
Sec. 301. Replenishment of Section 32.
Sec. 302. Supplemental economic loss payments.
TITLE IV--CONSERVATION
Sec. 401. Emergency watershed protection program.
TITLE V--FARM SERVICE AGENCY
Sec. 501. Funding for additional personnel.
TITLE VI--MISCELLANEOUS
TITLE VII--EMERGENCY DESIGNATION
Sec. 701. Emergency designation.
SEC. 2. DEFINITIONS.
(1) ADDITIONAL COVERAGE- The term `additional coverage' has the meaning
given the term in section 502(b)(1) of the Federal Crop Insurance Act
(7 U.S.C. 1502(b)(1)).
(2) DISASTER COUNTY- The term `disaster county' means--
(A) a county included in the geographic area covered by a natural disaster
declaration; and
(B) each county contiguous to a county described in subparagraph (A).
(3) INSURABLE COMMODITY- The term `insurable commodity' means an agricultural
commodity (excluding livestock) for which the producers on a farm are
eligible to obtain a policy or plan of insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.).
(4) LIVESTOCK- The term `livestock' includes--
(A) cattle (including dairy cattle);
(E) other livestock, as determined by the Secretary.
(5) NATURAL DISASTER DECLARATION- The term `natural disaster declaration'
means a natural disaster declared by the Secretary during calendar year
2005 or 2006 under section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)).
(6) NONINSURABLE COMMODITY- The term `noninsurable commodity' means a
crop for which the producers on a farm are eligible to obtain assistance
under section 196 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333).
(7) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
TITLE I--WILDFIRE RELIEF
SEC. 101. EMERGENCY CONSERVATION PROGRAM.
The Secretary shall use an additional $30,000,000 of funds of the Commodity
Credit Corporation to carry out emergency measures identified by the Administrator
of the Farm Service Agency as of the date of enactment of this Act through
the emergency conservation program established under title IV of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201 et seq.), of which not less than $2,000,000
shall be used to carry out such measures in the State of Montana for the
control of wildfires.
SEC. 102. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
The Secretary shall use an additional $200,000,000 of funds of the Commodity
Credit Corporation to carry out emergency measures identified by the Secretary
as of the date of enactment of this Act through the environmental quality
incentives program established under chapter 4 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.), of which not
less than $10,000,000 shall be used to carry out such measures in the State
of Montana for the control of wildfires.
SEC. 103. LIVESTOCK ASSISTANCE GRANT PROGRAM.
The Secretary shall use an additional $100,000,000 of funds of the Commodity
Credit Corporation to carry out the Livestock Assistance Grant Program announced
by the Secretary on August 29, 2006, in the same manner as the Program announced
by the Secretary except that counties adversely impacted by wildfires shall
be eligible to participate in the Program.
TITLE II--AGRICULTURAL PRODUCTION LOSSES
SEC. 201. CROP DISASTER ASSISTANCE.
(a) In General- The Secretary shall use such sums as are necessary of funds
of the Commodity Credit Corporation to make emergency financial assistance
authorized under this section available to producers on a farm that have
incurred qualifying losses described in subsection (c).
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall
make assistance available under this section in the same manner as provided
under section 815 of the Agriculture, Rural Development, Food and Drug
Administration and Related Agencies Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-55), including using the same loss thresholds
for quantity and economic losses as were used in administering that section,
except that the payment rate shall be 50 percent of the established price,
instead of 65 percent.
(2) NONINSURED PRODUCERS- For producers on a farm that were eligible to
acquire crop insurance for the applicable production loss and failed to
do so or failed to submit an application for the noninsured assistance
program for the loss, the Secretary shall make assistance in accordance
with paragraph (1), except that the payment rate shall be 35 percent of
the established price, instead of 50 percent.
(c) Qualifying Losses- Assistance under this section shall be made available
to producers on farms, other than producers of sugar beets, that incurred
qualifying quantity or quality losses for the 2005 or 2006 crop due to damaging
weather or any related condition (including losses due to crop diseases,
insects, and delayed harvest), as determined by the Secretary.
(1) IN GENERAL- In addition to any payment received under subsection (b),
the Secretary shall use such sums as are necessary of funds of the Commodity
Credit Corporation to make payments to producers on a farm described in
subsection (a) that incurred a quality loss for the 2005 or 2006 crop,
or both, of a commodity in an amount equal to the product obtained by
multiplying--
(A) the payment quantity determined under paragraph (2);
(B)(i) in the case of an insurable commodity, the coverage level elected
by the insured under the policy or plan of insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.); or
(ii) in the case of a noninsurable commodity, the applicable coverage
level for the payment quantity determined under paragraph (2); by
(C) 50 percent of the payment rate determined under paragraph (3).
(2) PAYMENT QUANTITY- For the purpose of paragraph (1)(A), the payment
quantity for quality losses for a crop of a commodity on a farm shall
equal the lesser of--
(A) the actual production of the crop affected by a quality loss of
the commodity on the farm; or
(B)(i) in the case of an insurable commodity, the actual production
history for the commodity by the producers on the farm under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.); or
(ii) in the case of a noninsurable commodity, the established yield
for the crop for the producers on the farm under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333).
(A) IN GENERAL- For the purpose of paragraph (1)(B), the payment rate
for quality losses for a crop of a commodity on a farm shall be equal
to the difference between (as determined by the applicable State committee
of the Farm Service Agency)--
(i) the per unit market value that the units of the crop affected
by the quality loss would have had if the crop had not suffered a
quality loss; and
(ii) the per unit market value of the units of the crop affected by
the quality loss.
(B) FACTORS- In determining the payment rate for quality losses for
a crop of a commodity on a farm, the applicable State committee of the
Farm Service Agency shall take into account--
(i) the average local market quality discounts that purchasers applied
to the commodity during the first 2 months following the normal harvest
period for the commodity;
(ii) the loan rate and repayment rate established for the commodity
under the marketing loan program established for the commodity under
subtitle B of title I of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7931 et seq.);
(iii) the market value of the commodity if sold into a secondary market;
and
(iv) other factors determined appropriate by the committee.
(A) IN GENERAL- For producers on a farm to be eligible to obtain a payment
for a quality loss for a crop under this subsection--
(i) the amount obtained by multiplying the per unit loss determined
under paragraph (1) by the number of units affected by the quality
loss shall be reduced by the amount of any indemnification received
by the producers on the farm for quality loss adjustment for the commodity
under a policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.); and
(ii) the remainder shall be at least 25 percent of the value that
all affected production of the crop would have had if the crop had
not suffered a quality loss.
(B) INELIGIBILITY- If the amount of a quality loss payment for a commodity
for the producers on a farm determined under this paragraph is equal
to or less than zero, the producers on the farm shall be ineligible
for assistance for the commodity under this subsection.
(5) ELIGIBLE PRODUCTION- The Secretary shall carry out this subsection
in a fair and equitable manner for all eligible production, including
the production of fruits and vegetables, other specialty crops, and field
crops.
(1) IN GENERAL- Subject to paragraph (2), the Secretary shall make payments
to producers on a farm for a crop under this section not later than 60
days after the date the producers on the farm submit to the Secretary
a completed application for the payments.
(2) INTEREST- If the Secretary does not make payments to the producers
on a farm by the date described in paragraph (1), the Secretary shall
pay to the producers on a farm interest on the payments at a rate equal
to the current (as of the sign-up deadline established by the Secretary)
market yield on outstanding, marketable obligations of the United States
with maturities of 30 years.
SEC. 202. LIVESTOCK ASSISTANCE.
(a) Livestock Compensation Program-
(1) USE OF COMMODITY CREDIT CORPORATION FUNDS- Effective beginning on
the date of enactment of this Act, the Secretary shall use funds of the
Commodity Credit Corporation to carry out the 2002 Livestock Compensation
Program announced by the Secretary on October 10, 2002 (67 Fed. Reg. 63070),
to provide compensation for livestock losses during calendar years 2005
and 2006 for losses due to a disaster, as determined by the Secretary,
except that the payment rate shall be 75 percent of the payment rate established
for the 2002 Livestock Compensation Program.
(2) ELIGIBLE APPLICANTS- In carrying out the program described in paragraph
(1), the Secretary shall provide assistance to any applicant for livestock
losses during calendar year 2005 or 2006, or both, that--
(A)(i) conducts a livestock operation that is located in a disaster
county, including any applicant conducting a livestock operation with
eligible livestock (within the meaning of the livestock assistance program
under section 101(b) of division B of Public Law 108-324 (118 Stat.
1234)); or
(ii) produces an animal described in section 10806(a)(1) of the Farm
Security and Rural Investment Act of 2002 (21 U.S.C. 321d(a)(1));
(B) demonstrates to the Secretary that the applicant suffered a material
loss of pasture or hay production, or experienced substantially increased
feed costs, due to damaging weather or a related condition during the
calendar year, as determined by the Secretary; and
(C) meets all other eligibility requirements established by the Secretary
for the program.
(3) MITIGATION- In determining the eligibility for or amount of payments
for which a producer is eligible under the livestock compensation program,
the Secretary shall not penalize a producer that takes actions (recognizing
disaster conditions) that reduce the average number of livestock the producer
owned for grazing during the production year for which assistance is being
provided.
(b) Livestock Indemnity Payments-
(1) IN GENERAL- The Secretary shall use such sums as are necessary of
funds of the Commodity Credit Corporation to make livestock indemnity
payments to producers on farms that have incurred livestock losses during
calendar years 2005 and 2006 for losses that occurred prior to the date
of enactment of this Act (including wildfire disaster losses in the States
of Montana and Texas and other States) due to a disaster, as determined
by the Secretary, including losses due to hurricanes, floods, anthrax,
and wildfires.
(2) PAYMENT RATES- Indemnity payments to a producer on a farm under paragraph
(1) shall be made at a rate of not less than 30 percent of the market
value of the applicable livestock on the day before the date of death
of the livestock, as determined by the Secretary.
(c) Ewe Lamb Replacement and Retention-
(1) IN GENERAL- The Secretary shall use $13,000,000 of funds of the Commodity
Credit Corporation to make payments under the Ewe Lamb Replacement and
Retention Payment Program under part 784 of title 7, Code of Federal Regulations
(or a successor regulation) for each qualifying ewe lamb retained or purchased
during the period beginning on January 1, 2006, and ending on December
31, 2006.
(2) INELIGIBILITY FOR OTHER ASSISTANCE- A producer that receives assistance
under this subsection shall not be eligible to receive assistance under
subsection (a).
SEC. 203. SUGAR BEET DISASTER ASSISTANCE.
(a) In General- The Secretary shall use $24,000,000 of funds of the Commodity
Credit Corporation to provide assistance to sugar beet producers that suffered
production losses (including quality losses) for the 2005 crop year.
(b) Requirement- The Secretary shall make payments under subsection (a)
in the same manner as payments were made under section 208 of the Agricultural
Assistance Act of 2003 (Public Law 108-7; 117 Stat. 544), including using
the same indemnity benefits as were used in carrying out that section.
SEC. 204. BOVINE TUBERCULOSIS HERD INDEMNIFICATION.
The Secretary shall use $2,000,000 of funds of the Commodity Credit Corporation
to indemnify producers that suffered losses to herds of cattle due to bovine
tuberculosis during calendar year 2005.
SEC. 205. REDUCTION IN PAYMENTS.
The amount of any payment for which a producer is eligible under this title
shall be reduced by any amount received by the producer for the same loss
or any similar loss under--
(1) the Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109-148; 119 Stat. 2680);
(2) an agricultural disaster assistance provision contained in the announcement
of the Secretary on January 26, 2006, or August 29, 2006; or
(3) the Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat.
418).
TITLE III--SUPPLEMENTAL NUTRITION AND AGRICULTURAL ECONOMIC DISASTER ASSISTANCE
SEC. 301. REPLENISHMENT OF SECTION 32.
(a) Definition of Specialty Crop- In this section:
(1) IN GENERAL- The term `specialty crop' means any agricultural crop.
(2) EXCEPTION- The term `specialty crop' does not include--
(1) IN GENERAL- The Secretary shall use $25,000,000 of funds of the Commodity
Credit Corporation to make grants to the several States to be used to
support activities that promote agriculture.
(2) AMOUNTS- The amount of the grants shall be $500,000 to each of the
several States.
(c) Grants for Value of Production- The Secretary shall use $74,500,000
of funds of the Commodity Credit Corporation to make a grant to each of
the several States in an amount equal to the product obtained by multiplying--
(1) the share of the State of the total value of specialty crop and livestock
of the United States for the 2004 crop year, as determined by the Secretary;
by
(d) Special Crop and Livestock Priority- As a condition on the receipt of
a grant under this section, a State shall agree to give priority to the
support of specialty crops and livestock in the use of the grant funds.
(e) Use of Funds- A State may use funds from a grant awarded under this
section--
(1) to supplement State food bank programs or other nutrition assistance
programs;
(2) to promote the purchase, sale, or consumption of agricultural products;
(3) to provide economic assistance to agricultural producers, giving a
priority to the support of specialty crops and livestock; or
(4) for other purposes as determined by the Secretary.
SEC. 302. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.
(a) In General- Subject to subsection (b), the Secretary shall make a supplemental
economic loss payment to--
(1) any producers on a farm that received a direct payment for crop year
2005 under title I of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 7901 et seq.); and
(2) any dairy producer that was eligible to receive a payment during the
2005 calendar year under section 1502 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7982).
(1) COVERED COMMODITIES- Subject to paragraph (3), the amount of a supplemental
economic loss payment made to the producers on a farm under subsection
(a)(1) shall be equal to the product obtained by multiplying--
(A) 30 percent of the direct payment rate in effect for the covered
commodity of the producers on the farm;
(B) 85 percent of the base acres of the covered commodity of the producers
on the farm; and
(C) the payment yield for each covered commodity of the producers on
the farm.
(A) DISTRIBUTION- Supplemental economic loss payments under subsection
(a)(2) shall be distributed in a manner that is consistent with section
1502 of the Farm and Rural Investment Act of 2002 (7 U.S.C. 7982).
(B) MAXIMUM AMOUNT- Subject to paragraph (3), the total amount available
for supplemental economic loss payments under subsection (a)(2) shall
not exceed $147,000,000.
(A) IN GENERAL- Subject to subparagraph (B), the Secretary shall ensure
that no person receives supplemental economic loss payments under--
(i) subsection (a)(1) in excess of the per person limitations applicable
to a person that receives payments described in subsection (a)(1);
and
(ii) subsection (a)(2) in excess of the per dairy operation limitation
applicable to producers on a dairy farm described in subsection (a)(2).
(B) ADMINISTRATION- In carrying out subparagraph (A), the Secretary--
(i) shall establish separate limitations for supplemental economic
loss payments received under this section; and
(ii) shall not include the supplemental economic loss payments in
applying payment limitations under section 1001 of the Food Security
Act of 1985 (7 U.S.C. 1001) for payments made pursuant to the underlying
normal operation of the program described in subsection (a)(1) or
section 1502 of the Farm and Rural Investment Act of 2002 (7 U.S.C.
7982).
TITLE IV--CONSERVATION
SEC. 401. EMERGENCY WATERSHED PROTECTION PROGRAM.
The Secretary shall use an additional $60,000,000 of funds of the Commodity
Credit Corporation to carry out emergency measures identified by the Chief
of the Natural Resources Conservation Service as of the date of enactment
of this Act through the emergency watershed protection program established
under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203).
TITLE V--FARM SERVICE AGENCY
SEC. 501. FUNDING FOR ADDITIONAL PERSONNEL.
The Secretary shall use $30,000,000 of funds of the Commodity Credit Corporation
to hire additional County Farm Service Agency personnel--
(1) to expedite the implementation of, and delivery under, the agricultural
disaster and economic assistance programs under this Act; and
(2) as the Secretary determines to be necessary to carry out other agriculture
and disaster assistance programs.
TITLE VI--MISCELLANEOUS
SEC. 601. FUNDING.
The Secretary shall use the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this Act, to remain available until expended.
SEC. 602. REGULATIONS.
(a) In General- The Secretary may promulgate such regulations as are necessary
to implement this Act.
(b) Procedure- The promulgation of the regulations and administration of
this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of title 5, United
States Code;
(2) the Statement of Policy of the Secretary of Agriculture effective
July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking
and public participation in rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly known as the
`Paperwork Reduction Act').
(c) Congressional Review of Agency Rulemaking- In carrying out this section,
the Secretary shall use the authority provided under section 808 of title
5, United States Code.
TITLE VII--EMERGENCY DESIGNATION
SEC. 701. EMERGENCY DESIGNATION.
The amounts provided in this Act are designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made applicable in the
Senate by section 7035 of Public Law 109-234.
END
